Recently, during a trip to Asia, President Trump expressed a desire to run for a third term in office. He mentioned that if that were to happen, people would need to discuss it. He seemed to feel confident about the group he has around him, adding a cautionary note directed at Democrats to refrain from making decisions that might block that ambition.
This sentiment follows comments by Trump ally Steve Bannon, who indicated last week that plans might be in place to extend Trump’s presidency beyond 2028.
Some might brush off these implications as mere attempts to energize his base or provoke reactions from critics, but I think that view underestimates the situation.
By raising the possibility of a third term, Trump and his supporters are conditionally presenting the idea, allowing it to settle in the public consciousness. This way, if it were to occur, it might not feel so shocking. Moreover, it signals to the Supreme Court that they may have to creatively reinterpret the Constitution should a case arise. The 22nd Amendment restricts presidents to two terms.
Current justices have shown a tendency to interpret constitutional provisions in ways that favor Trump. One notable instance is a 2024 ruling that overturned the 14th Amendment’s restrictions on insurrectionists running for president, thereby allowing Trump to remain a candidate.
If that wasn’t enough, the court ruled subsequently that neither current nor former presidents could face criminal charges for actions taken while in office. Justice Sonia Sotomayor remarked that this undermined the principle that no one is above the law.
If the judiciary is willing to make such significant rulings that shield Trump from legal troubles, it wouldn’t be far-fetched to think he might bend the 22nd Amendment to extend his presidency.
Interestingly, even some of Trump’s staunch supporters are advocating against discussing a potential third term. For instance, Chairman Mike Johnson expressed skepticism about any realistic path to amending the Constitution, stating it would be a long and arduous process requiring widespread state support.
The day after Johnson’s comments, Trump maintained his evasive style, implying that things may not be as clear-cut as they seem. His words were open-ended, suggesting, “Let’s see what happens.”
This phrase has long been part of Trump’s lexicon, often hinting at possibilities without committing to any particular stance.
Over the last decade, we’ve learned that presidents often don’t let constitutional text stand in their way, and the Supreme Court’s conservative majority appears equally unconcerned.
Since Trump’s initial term ended, the court’s decisions have increasingly favored his agenda. Legal scholars have noted a trend where the conservative justices do not see the risks a second Trump administration poses to democratic principles.
There’s a real concern that this leniency towards Trump might lead to decisions that fundamentally distort how we interpret constitutional governance.
Many Trump supporters view him as a political savior, feeling that the country is in decline due to what they see as detrimental policies from the left. They resonate with claims that only he can remedy the situation, a sentiment mirrored by his allies in the judiciary.
Don’t be fooled by the current narrative from figures like Mike Johnson and Trump himself: The 22nd Amendment wouldn’t necessarily bar Trump from pursuing a third term, and it’s likely that the Supreme Court would weigh in if needed.
